Authorised officer conducting the search & seizure cannot retain the documents/ assets beyond 15 days and encash IVPs for adjustment against tax liability


Last updated: 14 December 2021

Court :
Kerala High Court

Brief :
The Hon'ble Kerala High Court in Dr. R.P. Patel & Ors. v. the Assistant Director of Income Tax (Investigations) & Ors. [WA No. 352 of 2005 dated July 30, 2021] set aside the judgment of the learned Single Judge denying benefit to the assessee under the Kar Vivad Samadhan Scheme, 1998, ("the Scheme"). Further held that, the Authorised Officer conducting the search and seizure cannot retain the documents or assets beyond 15 days as per the scheme of Section 132 of the Income Tax Act,1961 ("the IT Act") and all encashments has been done without authority or jurisdiction.

Citation :
WA No. 352 of 2005 dated July 30, 2021

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Bimal Jain
Published in Income Tax
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